US Laws Concerning Robocalling
US Laws Concerning Robocalling
As of September 1, 2009, a new regulation of the FTC (Federal Trade Commission) went into effect, banning most robocalls without written opt-in from the receiver. Among the exempt industries are non-profit companies, political campaigns, surveys and charities. Any for-profit company using robocalling as a marketing tactic is operating outside the law.
VoiceBroadcasting will not do business with any company that is a for-profit corporation dialing to US consumers. If you are dialing US consumers and you are a for-profit company dialing a list for which you do not have an EBR, you are engaging in illegal activity, and we strongly suggest you find a different form of advertising.
VoiceBroadcasting advises you to contact an attorney who specializes in telemarketing issues before engaging in any form of telemarketing. Our company also advises you to check with and comply with laws both in the jurisdiction you are in and the ones you are dialing to, as well as complying with “do not call” regulations.
To dial with VoiceBroadcasting, you must comply with 16 C.F.R. Part 310: Telemarketing Sales Rule: Prohibition Of Prerecorded Commercial Telemarketing Calls To Consumers without Consumers’ Express Written Agreement To Receive Such Calls: Final Rule.
The Federal Communications Commission (FCC) enforces the Telephone Consumr Proteection Act (TCPA), which also regulates telemarketing. The FCC recently amended its TCPA regulations, which touch on many of the topics covered by the Telemarketing Sales Rule (TSR). For more information about the TCPA, contact the FCC at www.fcc.gov. The TSR and the TCPA regulations cover nearly all telemarketing with similar rules.
CHAPTER 14. REGULATION OF AUTOMATIC DIALING MACHINES
Burns Ind. Code Ann. § 24-5-14-5
§ 24-5-14-5. Conditions for using automatic dialing-announcing device — Exceptions
http://www.in.gov/legislative/ic/code/title24/ar5/ch14.html
- (a) This section does not apply to messages:
- (1) From school districts to students, parents, or employees;
- (2) To subscribers with whom the caller has a current business or personal relationship; or
- (3) Advising employees of work schedules.
- (b) A caller may not use or connect to a telephone line an automatic dialing-announcing device unless:
- (1) The subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message; or
- (2) The message is immediately preceded by a live operator who obtains the subscriber’s consent before the message is delivered.
International robocalling laws vary by country. Read more here
Visit the FTC.gov for further information.
http://www.ftc.gov/bcp/edu/pubs/business/marketing/bus27.shtm